In Arizona, Department of Child Safety (DCS) can remove a child from a home if there is a credible risk of harm to the child or an imminent threat of abuse or neglect. DCS does not take the removal of a child lightly and will usually try to work with parents to find some way to keep families together. However, in situations where abuse is occurring in the home, DCS may act if the agency feels there is no other option to try to keep a child safe.
Arizona DCS can sometimes remove a child due to domestic violence. This means that if you are being abused, there is a risk that your child can be taken out of the home. If you are being abused, you should not have to remain in an unsafe situation. You have options.
A Scottsdale, AZ divorce and family law professional at Singer Pistiner, P.C. can help you to get an order of protection to keep your abuser away from you. Our attorneys can also help you to move forward with separation and divorce so you can get out of an abusive relationship and move on to a safer and more stable home environment for both you and your children.
Can Arizona DCS Remove a Child Due to Domestic Violence?
Arizona DCS will not automatically remove a child due to domestic violence in every situation. However, domestic violence can trigger involvement of law enforcement and DCS and there may be times when DCS will take your child out of your home even if you are the only one that is currently being abused.
If a report of domestic violence is made and police come to your home, a law enforcement officer may take action if he believes that the children are at risk. The police can call in DCS and provide information on suspected abuse and neglect. Children are sometimes taken out of the home temporarily until an investigation can be conducted in order to determine if your house is a safe space for the child or not.
Once DCS becomes involved, there will be many different factors considered when deciding what should happen to your children. Domestic violence and child abuse often, but not always, go hand-in-hand. If the child is being physically abused, DCS is likely to act and remove the child at least on a temporary basis. Even if you as a parent are the only one who is being subject to abuse, DCS may decide the environment is not a stable and safe one and that your children are in danger or not being properly cared for. When this happens, the children can be removed from the home. Factors including the type and extent of the abuse are considered by DCS when a decision is made about whether a child should be removed from the home or not.
If DCS acts to take your child out of your home for any reason, you have rights. You should have an attorney representing your interests and helping you to fight to keep your kids. A Scottsdale domestic violence and family law professional can represent you in all of your interactions with DCS and can assist with using the legal system to protect yourself and your children. To learn more, give us a call today.